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Thread: Obama to pick Sotomayer for Supreme Court

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by Reverend_Hellh0und View Post

    The article cited claims the test administered in New Haven was "race neutral". The core of the argument is that the test was not race neutral but was in fact discriminatory. An attempt was made to "restart the game" by erasing the results of the test, but that was not satisfactory to the firefighters who scored highest on the test.

    No one is demeaning firefighters here, but if the test was written to favor white applicants, then it should be changed. History is full of examples of seemingly innocuous regulations which were designed to discriminate against a group. If these firefighters are indeed the most qualified for advancement, they should have no trouble passing another test. To argue this case to the Supreme Court seems petty and small-minded.

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by WillRockwell View Post
    The article cited claims the test administered in New Haven was "race neutral". The core of the argument is that the test was not race neutral but was in fact discriminatory. An attempt was made to "restart the game" by erasing the results of the test, but that was not satisfactory to the firefighters who scored highest on the test.

    No one is demeaning firefighters here, but if the test was written to favor white applicants, then it should be changed. History is full of examples of seemingly innocuous regulations which were designed to discriminate against a group. If these firefighters are indeed the most qualified for advancement, they should have no trouble passing another test. To argue this case to the Supreme Court seems petty and small-minded.
    The fact that one racial group performs better on a test is not enough to show that the test was designed to discriminate. Sometimes some groups really just do outperform other groups.

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by talloulou View Post
    The fact that one racial group performs better on a test is not enough to show that the test was designed to discriminate. Sometimes some groups really just do outperform other groups.
    As I understand the argument(and I am not a lawyer, so take this with a grain of salt), the rules in place where that the tests had to be race neutral. Since the result of the test suggest that it was not race neutral(ie, whites did better), the results had to be thrown out. I think this is one of those cases where what is right is going to be subservient to the law as written. If the law is written that results indicate whether a test is race neutral or not, then this case ends with justice for no one.

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by talloulou View Post
    The fact that one racial group performs better on a test is not enough to show that the test was designed to discriminate. Sometimes some groups really just do outperform other groups.
    Actually no, they don't. This was a test for firemen, not for nuclear physicists. If the results are slanted toward white candidates there is a good chance the test was designed to achieve those results. That is a disparate impact. By nullifying the results of the test, New Haven sought to make a neutral decision...to start over, giving everyone a fair chance.

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    Re: Obama to pick Sotomayer for Supreme Court

    Racism is whats its called. Doesn't matter what lame ass excuses you all make up or what Obama tells you to say. Its Racism.

    Utterly asinine to not promote people who passed qualifications because others didn't. To do so based on the color of their skins=Racism.

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by Triad View Post
    Racism is whats its called. Doesn't matter what lame ass excuses you all make up or what Obama tells you to say. Its Racism.

    Utterly asinine to not promote people who passed qualifications because others didn't. To do so based on the color of their skins=Racism.
    The question for a judge is what the law reads. We do not want "activist judges" who make the law themselves do we?

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by WillRockwell View Post
    The article cited claims the test administered in New Haven was "race neutral". The core of the argument is that the test was not race neutral but was in fact discriminatory. An attempt was made to "restart the game" by erasing the results of the test, but that was not satisfactory to the firefighters who scored highest on the test.

    No one is demeaning firefighters here, but if the test was written to favor white applicants, then it should be changed. History is full of examples of seemingly innocuous regulations which were designed to discriminate against a group. If these firefighters are indeed the most qualified for advancement, they should have no trouble passing another test. To argue this case to the Supreme Court seems petty and small-minded.



    How was a test written to "favor white firefighters"... that's one of the dumbest things I have seen on DP. That a firefighting test would favor one race over another...
    Let evil swiftly befall those who have wrongly condemned us

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by Redress View Post
    As I understand the argument(and I am not a lawyer, so take this with a grain of salt), the rules in place where that the tests had to be race neutral. Since the result of the test suggest that it was not race neutral(ie, whites did better), the results had to be thrown out. I think this is one of those cases where what is right is going to be subservient to the law as written. If the law is written that results indicate whether a test is race neutral or not, then this case ends with justice for no one.
    It's a test for fire fighters. How could it possibly not have been race neutral? Gimme a break.

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by Redress View Post
    The question for a judge is what the law reads. We do not want "activist judges" who make the law themselves do we?
    I'd like text of the law that says if one group outperforms another in the results then the test should be trashed for the racist toilet paper it is.

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by Reverend_Hellh0und View Post
    How was a test written to "favor white firefighters"... that's one of the dumbest things I have seen on DP. That a firefighting test would favor one race over another...
    Again, this is as I understand it, and I may be mistaken(though I don't think I am).

    The way the law is written, whether the test is race neutral is determined by the result, ie if blacks do not do well on the test, the law says it is not race neutral.

    The whole case is stupid. I worry that no one is going to get what they should, and justice is not going to be served. I just am not sure that this is Sotomayer's fault.

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